🌙

依法设计——开发与评估考虑法律要求的合法设计模式

Lawfulness by design – development and evaluation of lawful design patterns to consider legal requirements

European Journal of Information Systems · 2023
被引 23
ABS 4

中文导读

研究提出合法设计模式框架,帮助开发者在系统开发初期考虑法律要求,并以AI助手和GDPR为例验证其可行性和优势。

Abstract

New political objectives, emerging regulatory regimes for the digital sphere, and higher penalties for violations have intensified the pressure to develop lawful IT artefacts. As the adaptation of existing IT artefacts to new regulations can be expensive and arduous, a more attractive approach would be to design IT artefacts lawfully from the beginning. A major challenge is that the law is generally technology-neutral, and lawful design requires legal expertise throughout the development, which is costly and time consuming due to communication challenges between legal experts and developers. One possible approach to proactively consider IT regulations in the systems development is design patterns that convey legal design knowledge and support developers in determining the appropriate design options. Consequently, we develop a framework for lawful design patterns and demonstrate their feasibility and advantages using the example of developing AI-based assistants and the regulation of the General Data Protection Regulation (GDPR). Using the design pattern framework, we develop design patterns for lawful AI-based assistants and evaluate them using (a) an experimental approach to show the usefulness of the patterns for developers and (b) rely on a legal simulation study to holistically evaluate how design patterns contribute to lawful IT.

计算机科学法律合规软件设计模式人工智能数据保护